H1-Transfer in Process - Travelling to India

[ankit692]

Hi All,

I know the title seems to be familiar since there are lot of posts but my situation is little different and i couldn't find a post regarding my query.
I am currently working in US and I have H1-B stamped till Feb2017 with Employer A. I am currently working with Employer A. In the meanwhile , i also found a job with Company B who filed a cap exempt H1-B Transfer(Petition) in August 2015.They filed the petition in regular process and I have to travel to India in November 2015 and will return on December 30th. Please note :- I am currently working with Employer A and i have no plans to join company B until i am back from India.

My wife also have the H4 stamping till Feb2017 , she is in India and i am going to bring her in December with me for the first time.

Questions :-

a) Can i travel with Employer A petition and stamped visa when the H1-Transfer with Company B is still in Process ?
b) If Company B's petition gets approved before November 2015 , then can i still travel with Employer A petition ?
c) I know that regular processing takes lot of time , can i ask Employer B to initiate premium processing now ? Since we already got the receipt notice.
d) Do i need to initiate anything regarding my wife's status when EmployerB's petition is approved ? I asked Employer B about the dependants and they said i would have to file petition by myself. They won't help me in this.
e) Would there be any problem at POE when the Employer B petition is approved and new I-94 is generated while i would still be travelling on Employer A petition ?

Kindly suggest.

Best Regards.

[raghvi]

Hi All,

I know the title seems to be familiar since there are lot of posts but my situation is little different and i couldn't find a post regarding my query.
I am currently working in US and I have H1-B stamped till Feb2017 with Employer A. I am currently working with Employer A. In the meanwhile , i also found a job with Company B who filed a cap exempt H1-B Transfer(Petition) in August 2015.They filed the petition in regular process and I have to travel to India in November 2015 and will return on December 30th. Please note :- I am currently working with Employer A and i have no plans to join company B until i am back from India.

My wife also have the H4 stamping till Feb2017 , she is in India and i am going to bring her in December with me for the first time.

Questions :-

a) Can i travel with Employer A petition and stamped visa when the H1-Transfer with Company B is still in Process ?
b) If Company B's petition gets approved before November 2015 , then can i still travel with Employer A petition ?
c) I know that regular processing takes lot of time , can i ask Employer B to initiate premium processing now ? Since we already got the receipt notice.
d) Do i need to initiate anything regarding my wife's status when EmployerB's petition is approved ? I asked Employer B about the dependants and they said i would have to file petition by myself. They won't help me in this.
e) Would there be any problem at POE when the Employer B petition is approved and new I-94 is generated while i would still be travelling on Employer A petition ?

Kindly suggest.

Best Regards.

when are you planning to start work with B? Immediately upon return? Few days/weeks/Months after return?

[ankit692]

when are you planning to start work with B? Immediately upon return? Few days/weeks/Months after return?

Hi raghvi , I would join employer B after a week once i am return.

[raghvi]

Hi raghvi , I would join employer B after a week once i am return.

I would not recommend you do that because it would not be valid. I would suggest you either apply for transfer in premium before leaving, get approval before leaving and re enter on B's petition and join them immediately. OR. Apply for transfer after coming back and join B only after the approval is granted. The reason being, when you re enter on A's petition, the I-94 and H1 status are associated with A. In order for you to work with B, B would have to re apply for a "transfer".

This is my opinion not legal advice.

[ankit692]

I would not recommend you do that because it would not be valid. I would suggest you either apply for transfer in premium before leaving, get approval before leaving and re enter on B's petition and join them immediately. OR. Apply for transfer after coming back and join B only after the approval is granted. The reason being, when you re enter on A's petition, the I-94 and H1 status are associated with A. In order for you to work with B, B would have to re apply for a "transfer".

This is my opinion not legal advice.

Thanks Raghvi,

Please confirm if i understood correctly .
It means , even if i am on Payroll of Employer A after return from India and work for a week with Employer A, then i cannot join Employer B because their H1-Petition for my transfer would not be valid no matter what is the decision of that case ?

I have few problems right now :-
a) Employer B has strictly said "NO" to go with the premium processing , it means we are not sure when we can see the decision of the case.
b) My travel plan to India is firm. I cannot change it.

If i choose not to join Employer B after coming back from India then would it be a problem with my travel plan ?

Please suggest

Regards